Health Questionnaires

Since 2010 it has been unlawful for employers to ask any questions related to health during the recruitment process, unless it’s in relation to asking the candidate to inform you of any reasonable adjustments they may require during the interview process. 

Once a job offer has been made, employers will require certain information to ensure workers will be able to perform the requirements of the job and give reliable service, and to ensure compliance with relevant H&S regulations. The information is also needed to establish whether any reasonable adjustments are required to be made to assist workers in performing their duties, in accordance with the Equality Act 2010.

The best way to capture this information is via a health questionnaire and we strongly recommend, that a job offer is made on the condition that the worker completes a satisfactory health questionnaire.  This works in the same way as making a conditional offer based on the receipt of satisfactory references, proof of ID and eligibility to work in the UK.  

But what should you do when the questionnaire is returned, and the employee has declared a health issue, learning difficulty or a disability? 

At this point employers should be seeking HR advice before discussing the questionnaire with their employee.  It’s crucial that these conversations are handled sensitively and in line with the appropriate legislation.   Saying the wrong thing, even unintentionally, could lead to a claim of discrimination, even at the onboarding stage.  As well as being covered by the H&S legislation, ALL workers are automatically protected under the Equality Act 2010 against discrimination.   When discussing the health questionnaire, the purpose of the conversation is to establish how the employee is affected at work by their condition or any medication that they are taking and what, if any, reasonable adjustments can be put in place to support them to carry out their role.   At this point you should also consider whether it would be appropriate to refer the employee to an Occupational Health Therapist.  If you withdraw an offer without taking these steps, then you are at high risk of a claim for disability discrimination! 

How often should health questionnaires be issued?

It is recommended that health questionnaires are issued annually, as health, medication and welfare needs can change over time.  It’s even more important to carry out regular health checks, particularly for staff in safety critical roles, such as operating machinery or working at height.  

It’s also important to review your health questionnaire, to make sure that the questions you’re asking are relevant and not too intrusive. It’s not appropriate to be asking about health matters, that have nothing whatsoever to do with the employees’ ability to carry out the role. 

Health surveillance

H&S laws require health surveillance, which is repeated health checks used to identify ill health caused by work for workers who are exposed to risk even after control measures have been put in place. Health surveillance is not the same as health monitoring via a health questionnaire and must be carried out by competent occupational health doctor. 

What if my employee refuses to complete a questionnaire

It’s important to explain to your employee the purpose of the health questionnaire and to put their mind at ease.  Explain that you have a legitimate reason for asking and that under section 7 of the Health and Safety at Work Act, we all have a duty to take reasonable care of our own health and safety, as well as the health and safety of others who may be affected by our acts or omissions at work.

If an employee refuses to complete a health questionnaire or does not declare medication details and side effects or restrictions whilst taking medication, they may be personally liable if there is an accident at work and may not be covered by your insurance.

Night workers

Because of the possible effect on H&S and wellbeing, employers must offer anyone who works nights a health assessment, which in most cases will begin with being asked to complete a health questionnaire.  Night workers don’t have to accept the offer of a health assessment but it’s good practice for employers to continue to regularly check in.

Confidentiality

The information provided in a health questionnaire must be treated in the strictest confidence and used only for the purposes for which it was obtained, in compliance with the General Data Protection Regulation 2018.  Before sharing information regarding a health condition such as epilepsy, where you may feel that other colleagues need to be aware, always obtain written consent from the employee before doing so. 

You can contact Spectra for further expert advice on health questionnaires, how to handle sensitive conversations, health surveillance, risk assessments or making reasonable adjustments.